Morris + Stoltz + Evans LLP

Lori Stoltz

For over 25 years Lori has acted for patients, a broad range of health care providers, advocacy organizations and decision-makers across the Canadian health care delivery system. Lori brings a broad perspective to her work, careful attention to the needs of her clients and a passion for pursuing legal issues and cases that help to make access to health care safer, more accessible and more accountable.

Assisting patients and health system advocates, health care providers and government agencies navigate the complex legislative framework that governs health care delivery, the public health system and clinical research

Acting for clinical researchers, research organizations and others to protect the safety of research subjects

Advising the Honourable A. Anne McLellan, former federal Minister of Health, as her Senior Policy Advisor on Medicare reform and other matters

Advising UNAIDS (the Joint United Nations Programme on HIV/AIDS) on the legal and human rights issues presented by HIV testing of UN peacekeeping forces

Serving as Chair of the Health Protection Appeal Board (now part of the Health Services Appeal and Review Board)

Early involvement in litigation arising from contamination of the Canadian blood supply with HIV and Hepatitis C, and representing patients and their families before the federal Commission of Inquiry on the Blood System in Canada

Lori has experience before administrative tribunals (including the Health Professions Appeal and Review Board, Health Services Appeal and Review Board and Consent and Capacity Board), all levels of Ontario courts and the Supreme Court of Canada, and with class proceedings. She is a member of the Advisory Committee to the Master of Science in Healthcare Quality Program at Queen’s University, Kingston, Ontario, and of the Advocates’ Circle of the Canadian HIV/AIDS Legal Network.

Past community engagement includes serving as a director for Hassle Free Clinic and COTA (Community Occupational Therapists and Associates), and as a director and President of the Canadian HIV/AIDS Legal Network.

Lori was counsel to an infant and family in a successful medical negligence case arising from the infant’s avoidable HIV infection following physician failure to provide prenatal HIV testing and counselling.

Lori was counsel to the plaintiffs in a medical negligence trial arising from gynecological surgery. The case succeeded on the basis that the surgeon had proceeded without consent.

Lori has had a career-long interest in, and engagement with, public health laws and practice. She is a co-author of Public Health Law and Practice in Ontario: The Health Protection and Promotion Act: Co-authored this 2008 text with Jane Speakman and Rod Blake, described as a “ground-breaking treatise” of public health law in Ontario by Dr. Sheela Basrur, former Chief Medical Officer of Health for Ontario, and former Chair of the Health Protection Appeal and Review Board (now part of the Health Services Appeal and Review Board), responsible for ruling on appeals of orders issued by public health authorities under Ontario’s Health Protection and Promotion Act.

Simons et al. v. Minister of Public Safety et al.: Lori is counsel for a former prisoner of the federal penitentiary system together with the Canadian HIV/AIDS Legal Network, Prisoners with HIV/AIDS Support Action Network, Canadian Aboriginal AIDS Network and CATIE, in an ongoing Charter challenge against the federal government for failing to provide inmates of federal penitentiaries with access to sterile injection equipment as essential health care to protect against HIV and Hepatitis C transmission and other health problems.

Olivieri v. Commission of the European Communities et al.: Lori was counsel to a clinical researcher and scientist in an application for judicial review before the European Court of Justice to challenge the licensing of a drug as based on inaccurate and incomplete information from the manufacturer, the first clinical researcher to succeed in obtaining standing in such a matter in Europe.

UNAIDS (the Joint United Nations Programme on HIV/AIDS): Lori prepared the analysis of legal and human rights issues used by the UNAIDS Expert Panel on HIV Testing in UN Peacekeeping Operations to inform the UN’s HIV testing policy for peacekeeping forces.

AIDS2006 Toronto Local Host: Lori was counsel to organizers of the 16th International AIDS Conference in Toronto, successfully challenging discriminatory self-disclosure requirements in Citizenship and Immigration Canada procedures affecting people living with HIV/AIDS and other communicable and chronic illnesses.

R. v. Cuerrier: Lori was counsel to the Canadian HIV/AIDS Legal Network as an intervenor with standing before the Supreme Court of Canada in the first Supreme Court case to consider criminal responsibility arising from alleged non-disclosure of HIV status between sexual partners.

Olivieri v. Commission of the European Communities et al.: Lori was counsel to a clinical researcher and scientist in an application for judicial review before the European Court of Justice to challenge the licensing of a drug as based on inaccurate and incomplete information from the manufacturer. This was the first clinical researcher to succeed in obtaining standing in such a matter in Europe.

Federal Commission of Inquiry into the Contamination of Canada’s Blood Supply with HIV/AIDS and Hepatitis (the “Krever Commission”): Lori was counsel to the HIV T-Group (Blood Transfused) before the Krever Commission, and in related applications for judicial review seeking to prevent the Commissioner from publishing his report. The HIV-T Group’s position at the inquiry was that the federal government had failed to regulate blood as a drug under Canada’s Food and Drugs Act, an important focus of the Commissioner’s final findings and recommendations.

Simons et al. v. Minister of Public Safety et al.: Lori is counsel for a former prisoner of the federal penitentiary system together with the Canadian HIV/AIDS Legal Network, Prisoners with HIV/AIDS Support Action Network, Canadian Aboriginal AIDS Network and CATIE, in an ongoing Charter challenge against the federal government for failing to provide inmates of federal penitentiaries with access to sterile injection equipment as essential health care to protect against HIV and Hepatitis C transmission and other health problems.

Lori advises patients, health care providers, health research organizations and other health system participants to assist them in navigating the complex legal framework that governs health care delivery and clinical research involving patients, and to advocate for and implement meaningful system changes on a wide variety of matters.

Lori was a member of expert task groups engaged by the Health Professions Regulatory Advisory Council to undertake a comprehensive review of psychotherapy and make recommendations for the regulation of psychotherapy in Ontario and to consider the need for an expanded scope of practice for nurse practitioners in Ontario.

Lori was counsel to a community-based hospital and two different medical staff associations in response to directions issued by Ontario’s Health Services Restructuring Commission. In one case, the mandate included negotiating the transfer of all hospital programs and services.

Lori was counsel to a coalition of major national associations of health care providers, to provide an opinion on constitutional and other legal options to mandate national standards in the delivery of health care in Canada.

Lori advises clients, including patients, health care providers and other health system participants on their rights and responsibilities to safeguard the privacy of personal health information and related matters.

Lori has represented patients and health care providers in actions for breach of confidence and in proceedings before Ontario’s Information and Privacy Commissioner.

Charron v. CRL: Lori was counsel to the plaintiffs in a personal injury action against a Cuban resort and Ontario tour companies arising out of a death while scuba-diving. The defendants argued that Ontario did not have jurisdiction over the plaintiffs’ claim. The plaintiffs succeeded in arguing that the Ontario courts could and should take jurisdiction in the matter. The Supreme Court of Canada’s decision released in 2012 is a leading authority on this issue.